Complaint Review: Flip N vintage - Kemah Texas

As of my crews last day on the jobsite (Monday, February 12, 2018) 50% of the agreed upon work outlined in the scope of work, budget and contract was complete. Progress on the scope was provided to the owner and documented in an excel spreadsheet for them to realize how much work had been done in demo, subfloor repair, level and installation, complete interior re-plumbing, framing, sheetrock and tongue and groove installation. There was no misrepresentation of progress.

The reports example of cabinets being in production on or about January 11, 2018 does not have merit since the contract was not signed until after this date. The deposit that was initially paid back in December was distributed to sub-contractors with the original intention of being used as a deposit on cabinets.  However, back in December when that deposit was paid Flip N Vintage was only contracted to complete kitchen cabinets, bathroom vanities and closet design/build out. After Christmas break the Calhoun’s came to Flip N Vintage Designs and requested a bid for the entire interior remodel. At that time the funds distributed to my sub-contractor for cabinets were held until further instruction.  Once the contract was signed on January 12, 2018 my subcontractor was instructed to allocate those funds to more immediate expenses such as labor, plumbing, sub-floor repairs, materials and delivery fees. This was understood by the Calhoun’s due to the order in which remodel activities needed to take place.

In addition to the expanded scope and need to re-allocate money to more immediate needs on the complete remodel agreement, cabinets were delayed for construction due to multiple changes being requested by the owner. For example the return air opening over the refrigerator creating the need to design a “false cabinet” over the refrigerator that was not in the original drawings provided, the kitchen wall being moved back too far by Mr. Calhoun’s framers, the deviation from the provided drawings to include a pantry, counter space between pantry and stove, and then two weeks later to add a beverage cooler in the plans was also a large contributing factor to the cabinet completion timeline delays.

My team was instructed by the owners to hold off on any renovation work to be done in the downstairs bathroom because they did not want the inspector to become aware of changes being made downstairs. I have multiple emails and text messages confirming this request. The incomplete sheetrock in the downstairs ceiling was due to gas line work that needed to be done but could not be completed at the owners request. I explained I could not have my plumber complete the gas line work until he let us demo downstairs because the gas line came in behind the tub.  He confirmed he did not want any work being done because he did not want the inspector to find out what he was doing downstairs. While Mr. Calhoun pulled the plumbing and electrical permits, he did not pull permits for plumbing work being done downstairs and knew if the inspector became aware of the structural, plumbing and electrical improvement being made, they would be forced to pull permits and remove the downstairs living area. In addition to the requested delay from the owner to “hide” from their inspector, our plumber uncovered several problems with the existing plumbing and had a much larger scope of work to complete to bring the home’s plumbing up to code. This can be proven by the amended budget showing an additional $2,400 for discoverable plumbing work.

The entire project suffered delay after delay from the owners request to stay at the residence in the middle of demo, days of work where electricity was cut off while my workers were on site causing a loss of production, excessive change requests made by the owners, and days lost due to freezing weather that prohibited access to roads. I was still receiving change requests as late as February 12, 2018. Despite the above delays, and progress payments not reaching 50% of the agreed budget until January 31, 2018, my team was at 50% completion by February 12, 2018. The project was on track for final walk through on March 6, 2018 as previously agreed upon.

Regarding their claim of my misuse of their funds, that is a complete lie. Funds were distributed for the first 50% of the work (demo, labor, materials, plumbing, subfloor, sheetrock, tongue and groove, framing, delivery fees, etc.). My contract clearly states that the “Owner is responsible for obtaining all financing that is or may be necessary to fund the work specified in this Contract”. At absolutely no time was it agreed upon that Flip N Vintage Designs would finance any portion of this project. This type of financing requires accrual of interest, and additional financing agreements which were not discussed (or included) in our agreement. On January 30, 2018 I stated exactly this concern when I told the owner I needed to be at 50% of the budget by the end of the week or all work would stop because I would not finance the project.

I've provided the owner a scope of work to further solidify the tasks completed at the date our agreement was terminated. In addition, I provided the owner with an invoice for services provided that have not been paid to date. The tile, tankless water heaters, A/C unit for downstairs, and cabinets were all part of the final 50% of funding as “finish” work for completion. The first 50% was allocated to plumbing, demolition, framing, labor, sub-floor repairs, tongue and groove, sheetrock installation/repair and texturing. Related expenses includes labor, materials, restocking fees, all applicable taxes and a 20% contractors fee for overhead and profit on work. The items they claim were taken and not returned were pieces Flip N Vintage refinished and began restoration of. The owners were sent notice that they are ready for delivery but will not be returned until the price agreed upon for the work is paid in full.

I have provided pictures of the work that was completed by my team and of the work I do.  I appreciate the opportunity to dispute this false claim and welcome anyone with questions to contact me directly.